[WSBARP] Default on LL's repayment plan

[Gwendolyn Cornwell]

I have a similar situation coming up.  I plan to ask the ERPP center to reopen the matter.  I had one previous matter reopened after the ERPP center incorrectly closed it.  I am going to try and do the same in this situation.  We will see if it works.

Gwendolyn Cornwell
Attorney
GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-8092

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Timothy Lehr
Sent: Thursday, September 15, 2022 1:49 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Default on LL's repayment plan

UD Gurus,

Non-payment of rent case, LL serves the 14-Day Notice, ERPP Notices and LL's Reasonable Repayment Plan on tenant. Tenant enters into LL's repayment plan. ERPP emails LL and says since LL and T have entered into an agreement to resolve the matter, they are closing the file. No certificate of participation is given to LL.

Tenant subsequently defaults on his repayment agreement with LL.

Question - Can LL now file a Summons and Complaint based on the tenant's default of repayment plan? I would be illogical (but not surprising) to now have LL serve an additional 14-Day and ERPP notices, LL repayment plan etc. only to have tenant again enter into an agreement, then default...and around and around we go.

Our local standing order (Skagit) also requires a certificate of participation to be filed with any non-payment case. But we did not get one since tenant did not get assistance through the ERPP. How do you address that?

I've had a couple of these occur in the last month and wondering how other attorneys are approaching this scenario.

Thanks as always!

Timothy C. Lehr
Attorney at Law

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